Sec. 33-883. Revocation of dissolution.
Sec. 33-883. Revocation of dissolution. (a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board
of directors alone, in which event the board of directors may revoke the dissolution
without shareholder action.
(c) After the revocation of dissolution is authorized, the corporation may revoke
the dissolution by delivering to the Secretary of the State for filing a certificate of revocation of dissolution that (1) sets forth: (A) The name of the corporation; (B) the effective
date of the dissolution that was revoked; (C) the date that the revocation of dissolution
was authorized; (D) if the corporation's board of directors, or incorporators, revoked
the dissolution, a statement to that effect; (E) if the corporation's board of directors
revoked a dissolution authorized by the shareholders, a statement that revocation was
permitted by action by the board of directors alone pursuant to that authorization; and
(F) if shareholder action was required to revoke the dissolution, the information required
by subdivision (3) of subsection (a) of section 33-882; and (2) if the name of the corporation whose dissolution is to be revoked is no longer available, is accompanied by an
amendment of the certificate of incorporation which changes the name of the corporation
to an available name.
(d) Revocation of dissolution is effective upon the effective date of the certificate
of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect
as of the effective date of the dissolution and the corporation resumes carrying on its
business as if dissolution had never occurred.
(P.A. 94-186, S. 164, 215; P.A. 96-271, S. 116, 254; P.A. 97-246, S. 26, 99; P.A. 03-18, S. 28; P.A. 04-257, S. 52.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 replaced "articles" of revocation of dissolution with
"certificate" of revocation of dissolution and "articles" of dissolution with "certificate" of dissolution where appearing,
effective January 1, 1997; P.A. 97-246 amended Subsec. (c) to delete requirement that the corporation include "a copy of
its certificate of dissolution" when it delivers a certificate of revocation of dissolution to the Secretary of the State for filing
and add new Subdiv. (7) requiring delivery of an amendment of the certificate of incorporation changing the name of the
corporation to an available name if the name of the corporation whose dissolution is to be revoked is no longer available,
effective June 27, 1997; P.A. 03-18 amended Subsec. (c)(6) by deleting reference to Sec. 33-882(b), effective July 1, 2003;
P.A. 04-257 made technical changes in Subsec. (c), effective June 14, 2004.